Does res judicata bar a claim for the pensionary consequences of regularization where the previous litigation concerned only regularization itself?
Coram: Justice Prashant Kumar Mishra · Justice Shree Chandrashekhar
Res judicata does not bar a claim for the pensionary consequences of regularization where the previous litigation concerned only regularization itself.
No. Res judicata does not bar a claim for the pensionary consequences of regularization where an earlier round of litigation concerned only the claim for regularization itself; the cause of action and relief in the two proceedings are distinct, and the Board's voluntary regularization concluded the earlier round independently of any adjudication on pension. (¶21)
Punjab School Education Board (Employees' Pension, Provident Fund and Gratuity) Regulations, 1991 — Reg.3, Reg.8(2) — Pension — Qualifying service — Regularization — Deferred wage — Res judicata — Pensionary consequences of regularization — Distinct cause of action — Held: Res judicata does not bar a claim for the pensionary consequences of regularization where an earlier round of litigation concerned only the claim for regularization itself; the cause of action and relief are distinct. (¶21) Regularization — Substance over form — Nomenclature of appointment letters — Held further: The substance of an employee's engagement prevails over the nomenclature used in appointment letters; consistent departmental record showing an intention to regularize outweighs the use of the word 'appointment'. (¶22, 23, 25) Pension — Deferred wage — Qualifying service — Notional breaks in service — Held further: Pension is a deferred wage for past service, not a bounty; pre-regularization service on contract, ad hoc or daily-wage basis must be computed as qualifying service where the intervening breaks in service are notional or administrative. Appeal dismissed. (¶27, 30, 34)
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